Distracted driving is incredibly dangerous, but still, many people choose to reach for their phones while driving or try to eat a cheeseburger on the way to work. When they do, they put themselves in a car crash.
Distraction has become a major cause of modern wrecks, and drivers are often quick to deny their own misconduct out of fear of the consequences. If you saw the other driver texting at the wheel, how can you prove that they had their mobile phone in their hands at the time of the wreck?
The police can obtain phone company records
The phone itself won’t necessarily provide accurate evidence. After all, it only takes a couple of taps for someone to delete their most recent messages or uninstall an app entirely. However, drivers cannot access or alter the records maintained by their phone company.
If you tell the police officer responding to the crash that you suspected distraction, they may be able to request the phone records of the other driver and prove your claim.
There might also be video footage of the driver texting
More people every year invest in video surveillance for their own safety. Hundreds of people drive around with dashcams in their cars to prove what happened if they get into a crash. Many others have home security cameras that face out toward the street to catch license plates and vehicle images.
Even traffic cameras and business security systems could provide footage of a driver with their phone in their hands, or their face turned down toward their lap right before the crash, helping to prove that they were unsafe at the wheel.
Taking action against a distracted driver may require some effort but can help repay you for the losses you suffered in the crash.